Nourbakhshrad v Minister for Immigration & Multicultural Affairs [2001] FCA 1248

FEDERAL COURT OF AUSTRALIA

Nourbakhshrad v Minister for Immigration & Multicultural Affairs [2001] FCA 1248 HAMID NOURBAKSHRAD v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 115 OF 2001 EMMETT J 1 AUGUST 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 115 OF 2001

BETWEEN: HAMID NOURBAKHSHRAD

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 1 AUGUST 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The respondent pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 115 OF 2001

BETWEEN: HAMID NOURBAKHSHRAD

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE: 1 AUGUST 2001

PLACE: PERTH

REASONS FOR JUDGMENT 1 The applicant, who is a citizen of Iran, arrived in Australia on 22 December 2000. On 21 January 2001, he lodged an application for Protection (Class XA) visa with the Department of Immigration and Multicultural Affairs. On 5 February 2001, a delegate of the respondent, the Minister for Immigration and Multicultural Affairs ("the Minister"), refused to grant a protection visa and on 6 February 2001, the applicant applied to the Refugee Review Tribunal ("the Tribunal") for review of that decision. On 22 March 2001, the Tribunal affirmed the decision not to grant the protection visa. 2 On 18 April 2001 the applicant filed an application for an order of review of the decision by this Court. The grounds specified in that application did not fall within s 476(1) of the Migration Act 1958 (Cth) ("the Act"). However, on 30 July 2001 an amended application was filed on behalf of the applicant. A further amended application was filed by leave today. 3 The Tribunal in its reasons indicated that it had before it the Department's file, which included a record of an interview with the applicant by a departmental officer on his arrival in Australia, the applicant's protection visa application, written submissions in support of the application and a record of an interview of the applicant by an officer of the Department. Written submissions were also made on behalf of the applicant to the Tribunal. The applicant also gave oral evidence to the Tribunal on 15 March 2001.